Number: RL34223
Title: The Law of Church and State: U.S. Supreme Court Decisions Since 2002
Authors: Cynthia M. Brougher, American Law Division 
Abstract: Since taking office in 2001, President George W. Bush has implemented the Faith-Based Initiative, which has brought several First Amendment issues to the Court. The Faith-Based Initiative, created and developed by Executive Orders, allows non-governmental community organizations, including religious groups, to compete for public funding of social services. The Charitable Choice legislation of the 1990s provides public funding to religious organizations with a social purpose. More recent legislation provides for a voucher program for private schools, including religious schools. Whether these provisions violate the Establishment Clause are core issues that the Court may face in coming terms as similar claims continue to work through the lower courts. Furthermore, the makeup of the Court has changed, with Chief Justice Roberts and Justice Alito replacing Chief Justice Rehnquist and Justice O'Connor. This may result in a shift in the Court's understanding of the religion clauses.
Pages: 14
Date: March 14, 2008